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prisoner sit down on a chair and sob his eyes out. He did not know the reason. When struggling with 'Miss Portario prisoner seemed very angry and very excited.
The Court then adjourned for tiffin. On the Court reassembling, Mr. Harry Wicking was called forward, and asked why he was not present when his name was called in the morning.
Mr. Wicking said be very much regretted being absent. He actually left his office about five or six minutes before ten o'clock to be pre- sent in good time at the Court. On the stair- case he re-read his summons and noticed that his attendance was required at half-past ten o'clock.
June 25, 1898.
ing the wedding, but it had not been delayed, and the date had not been fixed at the date of the letter, March 3rd. In this letter she threatened to take her life because of the slanders Ozorio had spread about her, but she never intended doing it. There was no foundation for prisoner's suspicions with regard to her, and he had never told her why he suspected her. When the old lady went into the verandah she said something to prisoner but she did not know what was said. Re-examined by the Attorney-General--After thinking calmly over it, she, did not know who it was who helped her to take the revolver from Ozorio. She saw Xavier at the door of the verandah before the shooting. She was not certain` it was Xavier who helped to take the revolver from prisoner. No other man bat Xavier came into the verandah after the shooting. The person who assisted her to take the revolver from prisoner was a man.
THE HONGKONG WEEKLY PRESS AND
very pain that makes me shed so many tears, will it until now it does not give you grief "bring you repentance at sometime. Good God! Help me to discover the cursed who satisfied the heart of my fiance. If you are bold enough to show me the man who has injured me so much, I think I could mangle him for the benefit of humanity because a man like that is not fit to live. Before a week you will hear of a murder and suicide. It will end the lives of a lover and one despised. Do not cry, think only of the harm you have done me and what sad time yon passed in the arms of him who has robbed me of all my happiness. Should you some day repent you will not have me to tell! the secret that until now you are trying to hide from me at the bottom of your cruel heart. I am going to demand an explanation of what passed between you and him and if you do not give me satisfaction, I will finish the cursed one.'
Continuing her evidence witness said probably she was behind the prisoner when he fired the shots. She did not know how many, but there were more than one. She thought it was Xavier who got the revolver. Prisoner had not previously said anything about using the re- volver against anyone. He simply said if she Cross-examined by Mr. Francis, Dr. Atkin- would declare "who it was" he would forgive son said Dr. Lowson's temperature when he her. Mrs. de Jesus had never expressed any visited him that morning was 99 degrees; the pre-jealousy with regard to her. No one but vious day at two o'clock it was-102 degrees. He Ozorio had said anything about she and de was suffering from ordinary Hongkong fever. Jesus being on too friendly terms. She helped By the Attorney-General-It was on my Xavier to get the pistol from prisoner, who fell advice that he remained at home. Dr. Lowson on to the sofa which was in the verandah. had shown no unwillingness to be present.
Mr. Seth said this was the original summons; since then a circular had been issued altering the time.
The Chief Justice said there was a mistake in the summons which explained Mr. Wicking's absence.
Mr. Francis then concluded the cross-ex- amination of the witness Xavier.
Dr. Atkinson gave it as his opinion that Dr. Lowsou, who was ill with malarial fever, was unable to be present at the Court.
Mr. Sofiad then spoke to the depositions of Dr. Lowson's evidence taken at the Magistracy. They were in Commander Hastings' hand writing.
The Attorney-General then proposed to put in the depositions.
Mr. Francis objected to the depositions being put in. No satisfactory reason had been given for Dr. Lowson's non-attendance. He was suffering simply from Hongkong fever. Dozens of men in the colony went to business with more fever than 99 degrees.
The Attorney General said-The opinion of Dr. Atkinson is worth a great deal more than any opinion by Mr. Francis. We do not want to increase the number of persons in Happy Valley if we can help it.
The Chief Justice said if this had been the last day of the trial, he should have thought the evidence produced sufficient. Dr. Lowson might be able to attend to-morrow, and it would be better to wait and see if Dr. Lowson could attend. If not, the course suggested by the Attorney General would be followed.
Glafira Portario then gave evidence regard. ing the jealousy of the prisoner. She received a-letter from Ozorio on Easter Tuesday, which letter she endorsed and sent back.
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By Mr. Francis-She was 24 years of age. After the pistol was taken away from prisoner she did not see him again. During the ad- journment that day for tiffin she did not speak to Mr. Xavier. No one had told her what he had said. It was at her request prisoner opened the parcel containing the revolver. When he came in she was sewing some bed-clothing in preparation for the wedding. Prisoner had re- peatedly threatened to commit suicide because he believed she had been untruthful to him. She assured him on the night of the murder that there was no ground for his suspicion, and there was no ground.
At this point the Court adjourned.
22nd June.
The cross-examination of Miss Portario by Mr. Francis was continued. She remembered telling the Police Magistrate that when strug- gling with prisoner for the revolver after the shooting she was under the impression that the other person who was struggling with prisoner was deceased. She did not say Xavier was not there, but that she was not certain about seeing Mr. Xavier on the verandah at the time. Prisoner was not crying that afternoon. She had seen him crying sometimes, but she did not know what for. She did not remember re- ceiving any letters from prisoner from May 1st to May 9th, but she received letters from him Questioned by the Attorney General, wit- before the first of ay. She identified the copy of ness said that prisoner had said to her, if the the letter produced as in prisoner's handwriting. man who had injured her was not de Jesus it She had not the original; she tore it up long was somebody else. No one had taken liberties | ago. It was dated "fourth," and that would be with her.
the fourth of April. She could not Say whether Had not Ozorio taken liberties with you ?—that was the last or not. Yes.
The endorsement by Glafira was to the effect that no one had harmed her.
And would you have allowed him to have taken those liberties if he had not been your lover P-No.
The Chief Justice-Had he mentioned these suspicions before he had taken these liberties ?
Witness-No.
The letter was put in and read by the Deputy Registrar (Mr. A. Seth) as follows:-
My dearest cousin Niua,-I am aufor tunate, Glafira; I could never imagine that after promising to wed me you would have discarded your virtue and then marry me. I ask you not to perjure yourself in trying to deceive me. I told you I am a man and I know how to distinguish good from bad. The cursed hand has crushed my heart, it compels me to lose hope I had for a bright future. The intolerable feeling I bear in my soul weighs me down till instead of dreams of past happiness, misfortune. But I tell you now that from may youth I could have disgraced you but I did not do so in order that this moment of pleasure may arrive. Of course you will know that my heart never had the slightest idea to offend you nor to prejudice you until you are mine. The pain that is feeling my soul, this
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At this point Mr. Francis asked that the witness might stand down for a few moments while he put the interpreter in the box.
Mr. Pereira, in reply to Mr. Francis, said he translated the letters produced from Portuguese into English, and to the best of his ability the translation was correct.
Mr. Francis put in a number of letters sent to Miss Portario by prisoner with a view to showing prisoner's state of mind.
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The letters written by prisoner were all in a highly hysterical strain. Throughout he beseeched Miss Portario to disclose to him "the monster who has robbed you of your virtue," and declared “I am deprived of strength and sleep. I am going where you are sending me,” Miss Portario in her letters warmly protested her innocence, and in one, alluding to his re peated allegations, wrote, “Have pity on me if you do not love me for compassion's sake. Do not kill me like this."
By the Chief Justice The wedding had been arranged to take place on May 28th. A house had been got. She saw to the getting of cloth- ing for the wedding, and prisoner got the house and furnished it. The house was near the Church. In his conversation with her about his suspicions, prisoner used to mention de Jesus · as being the "betrayer," as he called it. She did not let Mr. de Jesus know of this state of things.
I am sorry to ask you this, but I think I ought, did he take liberties with you more than once or only once ?~Many more.
Continuing she said that when in the house the family sometimes came in and interfered-- when they were quarrelling. Deceased never interfered. So far as she knew prisoner never charged Mr. de Jesus personally with taking liberties with her. She saw the revolver was a. new one Prisoner did not say what he had got it for and she did not ask bin. Asked why she wanted to take it from him she replied, "Why should he take such a dangerous object in the honse."
When he treated you in this harsh way why did not yon break off the engagement ?—I told him to break it off and he would not.
Was your marriage bound to take place, or did you feel you must get married to him?—No.
What kind of man was deceased in his man- ner and temperament ?-At home he was all right.
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Was he a violent tempered man ?-At times violent.
Were you maintained by him; were you de pendent upon him ?---No.
Have you means of your own ?—Yes. Did you pay him for your board and lodg ing ?-I paid his mother.
Who rented the house; the mother or the deceased ?—The deceased.
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Did you and prisoner go to church and walk out after your engagement I did not. go to church, but I used to walk out with him.
When did these liberties first commence, bai tween you and prisoner P-About a year or two ago.
And did they go ou until this time or did. they stop ?-They went on.
When was the last time so far as you can remember ?--About the 7th of May.
The last two or three questions were put at the suggestion of a juror.
Did he or did he not complain about your having been seduced or betrayed before March. by other people ?-No.
Dr. Jordan gave evidenco as to being called to No. 2, West Terrace, on the evening of the 9th of May about seven o'clock or shortly after, and seeing deceased lying on a bed upstairs. Life was then quite extinct. There were five bullet holes in the shirt, but he could only see four bullet wounds in the body. There were two- bullet wounds over the right nipple penetrating to the lungs, a third one directly over the region of the stomach, and a fourth slightly to the right close by the region of the liver, Any one of the wounds would have been suffi. cient to causo death.
After tiffin Dr. Lowson was called. He made a post mortem examination of the body of deceased. He described the wounds found on the body.
Cross-examination continued—From the be. ginning of March prisoner in his conversations P.C. Faherty gave evidence as to the finding with her frequently made the unfounded accu- of the fifth bullet in the verandah at No. 2, sation against her which he made in his letters. West Terrace, on the evening of May 9th. Ho was constantly asking her "who it was." Marie Terese de Jesus, sister of deceased, One of her letters referred to prisoner's delay- ' said that while in the dining room at No. 2,
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